Lump Sum affecting SSDI

[evolution3]

Well SSDI was just approved. First try and it took only 4 months.
The I/C wants to settle full % in my catagory. There will be a lump sum payout. It will be worded that it was paid according to SS periodic life table X amount per week which brings me under the 80%. If it's worded that it was figured for life expectancy does it affect my monthly benefit if is below the 80%. I told the insurance company I would agree to this if it did not affect my monthly SSDI payment. I guess I need to talk to SS about it. I'm dealing with the I/C's attorney. I havve handled everything myself so far including my application for SSDI.

I might want to add that the insurance company is wording it that my PPI shall be considered a monthly payout of $XXX.XX which is below what could affect my SSDI payment.

Someone on here must have gotten a lump sum with the correct language so as not to affect their SSDI payment?
Thanks

[hurt at work]

congrats on ur ssdi.ive been turned down twice now.hope the rest comes out good for you.

[evolution3]

hurt at work Wrote:congrats on ur ssdi.ive been turned down twice now.hope the rest comes out good for you.

Thank you. I hope things turn out in your favor also. I think my age made it a little easier, over 50.
I checked your age, we have the same birthday 9/11

[AQA]

Utica Mohawk Language, or Utica Mohawk Clause. I can not remember which one it is. If you do a search on this forum with the above info. you will find it. What it boils down to is that the wording of the lump sum pay out states a broken down figure. Meaning X amount divided by X amount of years divided by 12 months. I think WINK and BADBOYBADBOY has the info.

[evolution3]

AQA Wrote:Utica Mohawk Language, or Utica Mohawk Clause. I can not remember which one it is. If you do a search on this forum with the above info. you will find it. What it boils down to is that the wording of the lump sum pay out states a broken down figure. Meaning X amount divided by X amount of years divided by 12 months. I think WINK and BADBOYBADBOY has the info.

Thanks, That's what I'm having the I/C's attorney do. Broken down to x amount per month over my projected time left on earth according to SS period life table.
I just want to know if there if specific language, like word for word.

[AQA]

If I am not mistaken, WINK recently went through this situation. You may want to send him a PM.. If you do that and he sees it. You will have all the info. on exact wording that you need.

[Bad Boy Bad Boy]

Yes it is utica;

Yes it was Wink;

And yes, the wording showing the money being broke down into paid by years is the way it needs to be worded.

Doing that helps from a reduction in SSDI payments.

[lfoster21]

I don't know if you need this info. too, but if you have or will have medicare...you need to make sure there is a medicare set aside included in the settlement.

[Wink]

evolution3 Wrote:Well SSDI was just approved. First try and it took only 4 months.
The I/C wants to settle full % in my catagory. There will be a lump sum payout. It will be worded that it was paid according to SS periodic life table X amount per week which brings me under the 80%. If it's worded that it was figured for life expectancy does it affect my monthly benefit if is below the 80%. I told the insurance company I would agree to this if it did not affect my monthly SSDI payment. I guess I need to talk to SS about it. I'm dealing with the I/C's attorney. I havve handled everything myself so far including my application for SSDI.

I might want to add that the insurance company is wording it that my PPI shall be considered a monthly payout of $XXX.XX which is below what could affect my SSDI payment.

Someone on here must have gotten a lump sum with the correct language so as not to affect their SSDI payment?
Thanks

evolution3,

Be very careful. Don't sign ANYTHING until you fully understand all documents. If you find any ambiguity or even sense it, then it would be wise to have a good Workers' Comp Lawyer to go over the documents with you until you're completely satisfied. He/she may not charge you for this. Even if there is a fee, I think it would be minimal and worth it--no matter what! Good luck!

----------------------------------------------------

Utica-Mohawk Agreement

Claimant requests the Commission approves the allocation of the proposed settlement as follows:

1. $XX,XXX.XX as attorney fees and $X,XXX.XX as costs; a total of $XX,XXX.XX.
2. $XXX,XXX.XX in compromise settlement of disputed past and future compensation benefits at the rate of $XX.XX per week for a period of 1,470.51 weeks (claimant's life expectancy), commencing October 11, 2007 as interpreted by the South Carolina Supreme Court in the decision of Orr v. Utica-Mohawk Mills, 227 SC 226, 87 SE 2d 589 (1955).
3. It is not the intention of the employers/carrier or Claimant to shift responsibility for paying future medical expenses related to this claim to the Federal government. As an integral part of this agreement defendants agree claimant is entitled to causally related medical care which would tend to lessen claimant’s disability.

I hereby approve the allocation of settlement proceeds set forth above and hereby order that this allocation be followed.

SIGNED:
X

[evolution3]

Thanks Wink and everyone else for there input. I discussed the language being used with SS and it is correct. Also this settlement is for PPD only which is apart from my medical that is still open. This was also discussed with the State and SS. So this will not affect my future medicare benefits. Besides I have my own private insurance and the VA.
Thanks again everyone!